Blog

By Becky Jolly, CCAM & Jasmine Hale, Esq., CCAL

All too often, when managers, counsel, and experts warn boards and their communities that the failure to maintain their association’s infrastructure can result in liability and create safety hazards, the calls for action fall on deaf ears. Sometimes those deaf ears lead to recalls when the board is attempting to do the right thing and move forward with lasting repairs to the failed infrastructure. Doing what is right sometimes means making the unpopular and hard decisions.

So, what should the board do when the siding has failed, balconies are about to fall off, or the association is underfunded in their reserves and cannot realistically pay for its upcoming SB 326 inspections? Oftentimes, there is no way these projects can wait when life potentially hangs in the balance. Here we will try to answer these questions by focusing on the legal issues and strategies for assisting communities in successfully navigating the...

By Stephen T. Brindle, Esq.

This article first appeared in the Winter 2022 Issue of The Communicator here.

RENTAL RESTRICTIONS

Brown v. Montage at Mission Hills, Inc.

Background: Brown bought a condominium unit to use as a vacation rental. At the time of the purchase, the association’s governing documents did not contain any restrictions regarding shortterm rentals. Sixteen years after Brown purchased the unit, the association amended its governing documents to include a 30-day minimum rental period restriction. After the association told Brown that it intended to enforce the restriction against her unless she stopped use of her unit for short-term rentals, Brown sued the association, claiming that the restriction did not apply to her because she purchased the unit prior to the effective date of the amendment. In its defense, the association claimed that the restriction was in fact a regulation, not a restriction, and also that shortterm rentals violated the...

By Nathan R. McGuire, Esq.

This article first appeared in the Winter 2022 Issue of The Communicator here.

On balance, the industry fared well in this last legislative session. The prior two years in a row, we faced some of the most historically significant bills since the Davis-Stirling Act came into effect in 1986. And we’re still dealing with those bills (think SB 323, AB 670, AB 3182). That’s saying a lot considering the Davis-Stirling Act has been perpetually amended year after year. Overall, the legislature continued to focus on COVID-19, economic recovery, and housing affordability issues. But the legislature was also able to fit in bills on other topics, including many which will have a lasting impact on community associations.

CAI’s California Legislative Action Committee monitored more than 50 bills and engaged on at least 10 of them. We had an outstanding year as we continued to pivot and take advantage of virtual legislative opportunities and...

By Vivian X. Tran, Esq.

This article first appeared in the Fall 2021 Issue of The Communicator here.

Since the pandemic, followers of the real estate market will notice that the housing market is booming. There are not as many sellers as there are buyers, so the competition is through the roof. Many potential buyers are looking to buy their next homes within an HOA. In the Bay Area, even though many homebuyers waive all contingencies – against my advice as both an attorney and real estate agent – there are still a few conducting investigations (especially for townhomes or condos). Corresponding to the increase of competition to buy homes is an exponential increase in the number of questions from real estate agents and mortgage/escrow companies that are directed toward an HOA and its agents. What should the board of directors and the HOA’s manager be aware of? What should they do in certain situations?

The first thing to understand is that the HOA has...

By Marc Bellaud, Aquatic Biologist SOLitude Lake Management

This article first appeared in the Fall 2021 Issue of The Communicator here.

We have all heard the adages about being proactive: "The early bird gets the worm" and "Don’t put off until tomorrow what you can do today." These principles apply to nearly every facet of life, whether it’s our job performance, health care, financial planning, or in this case, lake and pond management. It’s no secret that taking care of our environment is important, but it goes beyond that. Science suggests that the preservation of our water resources is a key factor in our health and happiness; memorable experiences and time spent around the water lead to a greater sense of peace and connection to the world around us.

Much like the human body, when a lake or pond is ‘young,’ it typically requires less effort and funds to keep it healthy and functional. But a lifetime of neglect can lead to premature...

Can associations restrict the free speech of owners in their own front yards?

By Sarah A. Kyriakedes, Esq. 

This article first appeared in the Fall 2021 Issue of The Communicator here.

For individuals residing in common interest developments, the constitutional right to free speech is not applicable. While many believe that they have a right to freely express themselves by posting signs, banners, flags, and religious symbols on their own properties, they may be surprised to learn that their homeowners and condominium associations are not bound by the free speech clauses contained within the federal and state constitutions. Though, in California, this does not mean that residents automatically lose their free speech rights when they move into their associations, because the Davis-Stirling Act safeguards many of the same rights that are enjoyed by citizens residing outside of common interest developments.

CONSTITUTIONAL RIGHTS TO FREE SPEECH

Both the state and...

Hard Surface Flooring Sound Transmission Issues

By Ellen R. Schuster, Esq.

This article first appeared in the Fall 2021 Issue of The Communicator here.

Complaints about noise from an upstairs neighbor’s hard surface flooring - and the expectations that the association will handle it – are on the rise. This increase is due to aging buildings, hard surface flooring trends, and more people at home during the day hearing noises they wouldn’t have heard while otherwise at work.

Boards have a duty to investigate reports of violations of the governing documents. Hard surface flooring noise disputes may implicate such violations in several ways, including restrictions on the installation of hard surface flooring without prior association approval, installations that increase noise transmission from what existed prior to the installation, and nuisances. Without investigation, and potentially taking enforcement steps, associations may be at an increased risk...

By Alexandria Pollock, PCAM, CCAM-HR

This article first appeared in the Fall 2021 Issue of The Communicator here.

I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing from the association.

Another story that made the Wall Street Journal in March of 2019 details numerous citations over the course of several years to a Kansas resident from his HOA. The citations started with a misplaced satellite dish and included a statue in a flower bed and a decorative wall around another plant bed. These improvements were made without architectural approval and in violation of the association’s guidelines, according to the HOA. However, the owner believed he received...

By Sandra L. Gottlieb, Esq., CCAL and Meigan Everett, PCAM

This article first appeared in the Fall 2021 Issue of The Communicator here.

MANY ASSOCIATIONS ADOPT architectural guidelines when the community is formed and don’t look back. Some boards keep the guidelines forever stuck in time. Even though the community evolves and changes and becomes its own unique place, the guidelines are often forgotten, ignored, or things are done the way they always have been done. But architectural guidelines can evolve with the community’s needs and change to comply with new laws and the more mature look of the association.

Provided that the association’s CC&Rs give the board authority to adopt architectural guidelines, also known as rules and regulations, the board should review them every few years to ensure that they meet the community association’s needs.

THE PROCESS

California Civil Code § 4355 requires that architectural rules be adopted...

By Beth Gilbert

This article first appeared in the Fall 2021 Issue of The Communicator here.

ARCHITECTURAL REVIEW REQUESTS mean a lot to your homeowners. They take pride in their homes, and find making modifications – like an addition, pool, or garden shed – to improve their property exciting. If you hold up the review process with clunky, manual paper processes and back-and-forth phone calls, it not only takes longer for them to achieve their dream, but leads to overall customer dissatisfaction. All of this can be eliminated by following a couple of key steps. Here are some of the ways you can set up your architectural review process for success.

CREATE ARCHITECTURAL REVIEW GUIDELINES

It’s easier and faster to make a decision when you have all of the information you need. Make it simple for homeowners to submit their requests by providing a set of association architectural guidelines and rules for them to follow. This not only ensures consistency, but...